HQ 0732690 - Country of origin marking of imported camping articles with a "Smokey Bear" logo - United States International Trade Commision Rulings

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HQ 732690
November 28, 1989

MAR-2-05 CO:R:C:V 732690 KG

CATEGORY: MARKING

Norman Katz
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: Country of origin marking of imported camping articles with a "Smokey Bear" logo

Dear Mr. Katz:

This is in response to your letter of August 29, 1989, requesting a country of origin ruling regarding imported camping articles imprinted with a "Smokey Bear" logo. We regret the delay in responding to your inquiry.

FACTS:

Your client proposes to import camping articles imprinted with the "Smokey Bear" logo. This logo has a picture of a bear wearing a U.S. Forest Service hat in the center and the phrase "U.S. Forest Service" in a ring around the picture. The phrase "U.S. Forest Service and American Camper. Partners in Forest Fire Protection" is below the circle.

You have enclosed pictures and samples of the packaging for various camping items. For instance, a box that will hold a canteen has a picture of a canteen in the center. The canteen is clearly and legibly marked "Taiwan" below a crest. The phrase "American Camper" and a logo appears in large bold letters on the top of each side of the box. The "Smokey Bear" logo appears in the upper right hand corner of the front of the box. Another sample sent is a box proposed to hold a cook set. Again the phrase "American Camper" appears in bold letters in the center of each side of the box. Below it is a list of what the kit includes and a picture of the items. Below the list, the "Smokey Bear" logo appears. There is no country of origin marking on this box.

In your letter you emphasized that both the imported articles and the containers will be marked with the country of origin.

ISSUE:

Whether the imported camping articles imprinted with the "Smokey Bear" logo and the phrase "American Camper" described above are properly marked in accordance with section 304 of the Tariff Act of 1930, as amended.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT ___(CIT 1988), that: "In ascertaining what constitutes the country of origin under the marking statute, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940), where the court stated that: "Congress intended that the ultimate purchaser shoud be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will."

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. In determining whether the marking is acceptable, Customs will take into account the presence of words or symbols on an article which may mislead the ultimate purchaser as to the country of origin. Consequently, if the words "United States," or "America," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country of origin appear on an imported article, special marking requirements are triggered.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in such case, the name of the country of origin must appear legibly, permanently, and in close proximity to such words, letters, or name, and in at least a comparable size. The name of the country of origin must appear preceded by "Made in,""Product of," or other words of similar meaning. However, section 134.47, Customs Regulations (19 CFR 134.47), provides that when as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the U.S. appears, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by words "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous location. In such circumstances, no comparable size requirement exists.

The question presented in this case is whether either the "Smokey Bear" logo (which contains both the phrase "U.S. Forest Service" and "American Camper", followed by "Partners in Fire Protection") or the phrase "American Camper" when it appears separate from the the "Smokey Bear" logo triggers the requirements of 19 CFR 134.46 or 134.47.

We conclude that the "Smokey Bear" logo does not trigger any special country of origin marking requirements because it will not confuse or mislead an ultimate purchaser as to the origin of the imported articles. The logo merely indicates that the U.S. Forest Service and American Camper are partners in fire protection and has nothing to do with where the article was manufactured. It would be highly unlikely that the ultimate purchaser would conclude that the product was manufactured in the U.S. on the basis of the logo alone, assuming the general requirements of 19 U.S.C. 1304 are satisfied.

The words "American Camper", however, may be confusing to the ultimate purchaser when they do not appear as an integral part of the "Smokey Bear" logo. Inasmuch as American Camper is the name of the line of camping articles that are being sold, the ultimate purchaser might conclude from this phrase by itself that the articles in question were made in the U.S. Therefore, assuming "American Camper" is a trade name or registered trademark, and the phrase appears separate from the "Smokey Bear" logo, the requirements of 19 CFR 134.47 apply.

Since the sample articles were not submitted, Customs cannot rule on whether or not the articles are properly marked. The only country of origin marking that appears is on the box to hold the canteen. The picture of the canteen with the phrase "Taiwan" legibly and conspicuously appears on all sides of the box. However, the word "Taiwan" is not preceded by the phrase "Made in," "Product of," or words of similar meaning as required by 19 CFR 134.47. If the phrase "Made in," "Product of," or similar words precede the word "Taiwan" and the phrase is conspicuous and legible, 19 CFR 134.47 would be satisfied.

HOLDING:

The "Smokey Bear" logo does not trigger any special marking requirements. Assuming the phrase "American Camper" is a trade name or registered trademark, the requirements of 19 CFR 134.47 apply to the phrase when it appears separate from the "Smokey Bear" logo. Since the imported articles were not submitted, we are not ruling as to whether or not the imported articles are properly marked. The containers must be conspicuously, legibly and permanently marked with the country of origin preceded by the phrase "Made in," "Product of," or words of similar meaning.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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